TAKE HOME A NUDE®

CONDITIONS OF SALE

The property offered in this sale is offered and sold by the New York Academy of Art.  Please direct any questions to the New York Academy of Art: (212) 842-5971 or than@nyaa.edu.

1. New York Academy of Art assumes no risk, liability or responsibility for the authenticity of the authorship of any property offered at this auction (that is, the identity of the creator or the period, culture, course of origin, as the case may be, with which the creation of any property is identified).

2. ALL PROPERTY IS SOLD “AS IS” AND NEW YORK ACADEMY OF ART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESSED OR IMPLIED, WITH RESPECT TO THE PROPERTY, AND IN NO EVENT SHALL IT BE RESPONSIBLE FOR THE CORRECTNESS OF ANY CATALOGUE OR NOTICES OR DESCRIPTIONS OF PROPERTY, NOR BE DEEMED TO HAVE MADE, ANY REPRESENTATIONS OR WARRANTY OF PHYSICAL CONDITION, SIZE, QUALITY, RARITY, IMPORTANCE, OR GENUINENESS, ATTRIBUTION, AUTHENTICITY, PROVENANCE OR HISTORICAL RELEVANCE OF THIS PROPERTY. No statement made at the sale or in any bill of sale or invoice or elsewhere shall be deemed a representation or warranty, expressed or implied, as to whether the purchaser acquires any reproduction rights in the property.  Prospective buyers should inspect the property before bidding to determine its condition, size and whether or not it has been repaired or restored.

3. Any property may be withdrawn by the New York Academy of Art or the auctioneer at any time before the actual sale.

4. The auctioneer and the New York Academy of Art reserve the right to reject a bid from any bidder. The highest bidder acknowledged by the auctioneer, or the highest bid at the time the auction officially closes, shall be the purchaser.  In the event of any dispute between the bidders, the auctioneer shall have the sole and final discretion either to determine the successful bidder or re-offer and resell the article in dispute.  If any dispute arises after the sale, the New York Academy of Art’s sale records shall be conclusive in all respects.

5. If the auctioneer determines that any opening bid is not commensurate with the value of the article offered, the auctioneer may reject the same and withdraw the article from sale, and if, having acknowledged an opening bid, s/he decides that any advance thereafter is insufficient, s/he may reject the advance.

6. On the close of the auction, on December 15, 2026, the highest bidder shall be deemed to have purchased the offered lot subject to all of the conditions set forth herein and thereupon (a) assumes the risk and responsibility thereof (including without limitation damage to frames or glass covering any prints), (b) will sign a confirmation of purchase thereof and (c) will pay the full purchase price therefore.  All property shall be removed from Phillips by purchaser on December 15*

If the foregoing conditions and other applicable conditions are not complied with, in addition to other remedies available to the New York Academy of Art by law, including, without limitation, the right to hold the purchaser liable for the bid price, New York Academy of Art at its option, may either (a) cancel the sale, or (b) resell the property on three days’ notice to the purchaser and for the account and risk of the purchaser, either publicly or privately, and in such event the purchaser shall be liable for payment of any deficiency, all other charges due hereunder, and incidental damages.

7. Any checks should be payable to the New York Academy of Art.

8. In the case of order bids, the New York Academy of Art is not responsible for any errors or omissions in connection to such bids.

9. New York State and local sales tax as well as Florida sales tax is required on the purchase of lots offered for sale by the New York Academy of Art, as long as such purchases are delivered within the states of New York and Florida. Deliveries outside of New York and Florida may be subject to compensating use tax of another state and, where imposed by law, the Academy will require payment of such taxes. Should an individual have a resale certificate or be tax-exempt, the Academy will refund the sales tax once proper documentation is provided.

10. All lots are offered with set reserves.  However, it is understood that a seller, its principal, representations, employees or agents may bid on any property being offered for sale.

11. Items in the Silent Auction and Live Auction may be bid on through the online auction website. A credit card on file is required to register to bid. The amount of the bid must be equal to or exceed the required increment and must be in round dollar amounts.  All bids are binding on the bidder. All successful bidders will be notified at the end of the auction on December 15, 2025. Successful bidders will also be expected to collect their purchases, at their expense, by appointment at the New York Academy of Art, 111 Franklin Street, New York, NY 10013. Artwork will be available for pickup December 16-18, 2025 and January 5-16, 2026 (the Academy will be closed for the holidays December 19, 2025-January 4, 2026). For buyers that want their artwork shipped, all shipments will happen after January 5, 2026. Shipping charges will apply and vary depending on the size of the artwork and the delivery location.

12. All sales are final and non-refundable upon purchase (when your bid is accepted at the public auction and when notification is sent to you that you are the successful bidder of the silent auction) regardless of whether you choose to collect your purchase. No exceptions.

13. The artist reserves the common-law copyright, including all reproduction rights and the right to claim statutory copyright. No artwork may be reproduced by the buyer without the prior written approval of the artist.

14. If the work becomes available for resale, purchaser agrees that the above listed work will be offered back to the Artist at fair market value. The Artist reserves the first right of refusal to purchase this work at fair market value. For a period of five years from the date of the purchase the buyer agrees not to offer the artwork for sale at auction.

* We truly encourage you to take home your artwork! All works that are not removed from Phillips by 9pm on Monday, December 15, 2025 will be moved to the New York Academy of Art, 111 Franklin Street, New York, NY 10013 and stored there until January 16, 2026.  Thereafter a fee of $100 per month will be automatically charged to the purchaser’s credit card until the work is removed at the expense of the purchaser. Work not collected by April 1, 2026 will become property of the New York Academy of Art to resell for use of future scholarships and educational programming.